WEBVTT PERSONALLY, THE IDEA OF ARETIREMENT IN THE NEAR FUTUREWOULD HE SOMEWHAT OF A SURPRISE.APPOINTED BY THEN-PRESIDENTRONALD REGAN, JUSTICE ANTHONYKENNEDY REMAINS THE CRITICALSWING VOTE ON THE UNITED STATESSUPREME COURT.>> SO FROM REALLY ABOUT 2006UNTIL FEBRUARY 2016, JUSTICEKENNEDY HAS BEEN IN THE ABSOLUTECENTER OF THE COURT.MAX: YOU'LL FIND THE 80-YEAR-OLDOFTEN SIDING WITH FELLOWCONSERVATIVE JUSTICES ON ISSUESLIKE FREE SPEECH, AS HE DID WITHTHE CITIZENS UNITED RULING IN2010.>> HE'S A SKEPTIC OF CAMPAIGNFINANCE REGULATIONS BECAUSE HETHINKS IT INFRINGES TOO MUCH OFREE-SPEECH RIGHTS.MAX: BUT HIS LIBERTARIANLEANINGS SOMETIMES PLACE THESACRAMENTO NATIVE ON THE COURT'SMORE LIBERAL SIDE.>> WE SAW THAT IN ABORTIONCASES.WE SEE THAT IN GAY RIGHTS CASETHE GAY MARRIAGE CASE, ANDRECENTLY AND SURPRISINGLY INSOME WAYS ON THE AFFIRMATIVEACTION SIDE.MAX: TO THOSE WHO KNOW JUSTICEKENNEDY PERSONALLY, HE ISN'TLIKELY TO BE PULLED MORE TO THERIGHT WITH THE PRESIDENT'SCHOICE.>> HE CERTAINLY IS APPROACHABLE,AND HE KEEPS AN OPEN MINDISSUES.YOU KNOW, HE'S NOT SOMEBODY WHOBLOWS WITH THE WINHE HAS A STIFF SPINE, AND HEMAX: AND HE STILL HAS A PASSIONFOR LAW.CLARK KELSO IS A PROFESSOR ATTHE MCGEORGE SCHOOL OF LAW.HE SERVED AS A LAW CLERK FORTHEN-JUDGE KENNEDY WHEN HE WASON THE 9TH CIRCUIT COUT OFAPPEALS AND MAINTAINS ARELATIONSHIP WITH THE SUPREMECOURT JUSTICE.DESPITE HIS AGE AND YEARS OFEXPERIENCE, JUSTICE KENNEDY MAYNOT BE ON THE TRACK TOWARDRETIREMENT, AS SOME HAVETHEORIZED.>> I'M SURE HE'LL CONTINUE TOSERVE SO LONG AS HE FEELS LIKEHE CAN PULL HIS SHARE OF THEWORKLOAD AND THAT HE HAS IDEASTO CONTRIBUTE.MA KELSO BELIEVES JUSTICEKENNEDY ALSO HAS HIS CONCERNSPECIFICALLY WITH THE TONE OF, THE LAST ELECTION CYCLE.>> HE WOULD BE CONCERNED ABOUTTHE IMPACT OF THAT TYPE OF ANELECTORAL PROCESS UPON OURDEMOCRATIC SYSTEM.MAX: BUT IT'S NOT SOMETHING THATWILL INFLUENCE HISINTERPRETATION OF THECONSTITUTION GOING FORWARD.>> HE KNOWS THAT ISSUESINVOLVING THE CURRENTADMINISTRATION WILL COME BEFORTHE COURT, AND SO, I'MRELATIVELY CONFIDENT HE HAS SAIDPROBABLY NOTHING TO ANYBODYABOUT HIS VIEWS ON THE INCOMINGADMINISTRATION.MAX: IT REMAINS TO BE SEEN WHICH